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(영문) 춘천지방법원 속초지원 2014.06.18 2014고단117
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 29, 2013, around 09:20, the Defendant asserted D with D on the ground that D, an employee of the said Ccafeteria, demanded the Defendant to move the vehicle, and that E, the Defendant’s penal number, is the Defendant’s penal number.

The victim F (the 22 years of age) who is another employee of the above Ccafeteria, reported this, had the following: (a) the victim f (the knife) had the knife (the knife length of the knife) which is a dangerous object in the G cafeteria, and (b) the Defendant had the knife (the knife length of the knife) and threatened the victim with the knife (the knife shall be discarded. The knife shall not have this knife.), and (c) having the knife (50cm in length) which is a dangerous object in the vicinity of the knife (the knife shall have the knife and knife), thereby threatening the victim.”

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Statement to E by the police;

1. Application of related photographs and CCTV photographs of 11 Acts and subordinate statutes;

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, and Article 283 (1) of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (i.e., confessions, the agreement with the victim, and the fact that there is no previous error);

1. Article 62 (1) of the Criminal Act on the suspension of execution;

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